Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

HR 1029: Alien Smuggling and Terrorism Prevention Act of 2009

Official Title

A bill to amend the Immigration and Nationality Act and Title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes.

Analysis

This bill would prohibit recruiting, encouraging, or inducing a person to enter the U.S. “knowing or in reckless disregard of the fact that [the] individual” would be an illegal alien or would enter at a place other than a designated port of entry. It would also prohibit assisting or encouraging an illegal alien to remain in the U.S., as well as transporting an illegal alien, “knowing or in reckless disregard of the fact that [the] individual” is an illegal alien. Violations would be punishable by criminal fines and imprisonment of up to 5 years, or 10 years if the offense was committed for the purpose of profit, commercial advantage, or financial gain. Further, the legislation asserts extraterritorial jurisdiction over the offenses it would create. This bill would also increase the maximum term of imprisonment to 10 years, or life if the offense results in death or involves kidnapping, for knowingly failing to obey an order by an authorized law enforcement officer to heave-to a marine vessel.

Legislation Details

SPONSOR

Hill (D - IN)

STATUS:

09/24/2009: Provisions included as amendment to another bill04/01/2009: Referred to Senate Judiciary Committee03/31/2009: House Passage02/12/2009: Referred to House Homeland Security Committee

One Nation Under Arrest
highlights a major effort to return to the criminal law to its traditional and proper
role in society: to ensure public safety and protect the innocent.

ABOUT The HERITAGE FOUNDATION

The Heritage Foundation is the nation’s most broadly supported public policy research institute, with hundreds of thousands of individual, foundation and corporate donors. Heritage, founded in February 1973, has a staff of 275 and an annual expense budget of $82.4 million.

Our mission is to formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. Read More